This is an urgent chamber application for a provisional order whose interim relief sought is couched as follows:
“Interim Relief Granted
That pending the return date respondent be and are hereby ordered to restore vacant possession and occupation of Flat 112 Dandaro Village, Borrowdale, Harare to the applicant with immediate effect”.
The terms of the final order are construed as follows:-
“1. That the first and second and third respondents be and are hereby ordered not to resort to self help and in so doing evict the applicant or lock her out or deny her access to Flat 112 Dandaro... More
This is an appeal against the decision of the Magistrate’s Court Bulawayo given on the 17th of July 2018. The appellant raises 4 grounds on this appeal namely that:-1. The court a quo grossly erred and misdirected itself in finding that improper pressure was exerted on the respondent into signing the acknowledgement of debt.
2. The court a quo further erred and grossly misdirected itself in holding that the audit process conducted by PNA Chartered Accountants shambolic and could not be relied upon.
3. The court a quo further erred and grossly misdirected itself in failing to find and uphold... More
This is an appeal against the decision of the works council appeals committee which upheld appellant’s dismissal following fraud allegations in breach of the respondent’s code of conduct. More
The applicant and the 2nd respondent both lay claim to the same mining block situated in the Mberengwa district of the Midlands Province, each apparently fortified in his claim by the mine registration documents granted his favour. Whereas the applicant’s mine is known as Lockhead 1 mine, that of the 2nd respondent goes by the name Aqua 5 mine. The applicant acquired his mine in 2017 having taken all the necessary steps required by 1st respondent for such registration. The 2nd respondent on the other ‘inherited’ his mine from his late father Lazarus Musipa, the latter who had acquired registration... More
The applicant approached this court seeking a declaratur in terms of s 14 of the High Court [Chapter 7:06]. The applicant is seeking an order declaring that the seizure of the ISUZU KB 300 LE Single Cab truck Registration Number ABA1128 by the third respondent be and is hereby declared illegal.
The brief background which gave rise to this application is that sometime in 2011, the applicant purchased the motor vehicle in question from his mother-in-law a Mrs Mungofa who also had purchased it from EU Microproject Programme in 2010 at Ruby Auctions.
In February 2015, the motor vehicle was... More
The Respondent raised a preliminary objection because up to the time of the hearing, the Applicant had not filed Heads of Argument, in contravention of Rule 19 of the Labour Court Rules. Respondent’s counsel said the Applicant is therefore barred in terms of Rule 19 (3) and should not be heard. More
This is an appeal against the judgment of the High Court granting absolution from the instance in respect of appellant’s claim against the respondents. At the hearing of the matter before the court a quo, the claim against the first respondent was withdrawn, as the company no longer existed, leaving only the second respondent as the defendant being sued. For some unexplained reason, both defendants have continued to be cited as respondents on appeal. More
This is an application for stay of execution arising out of an arbitral award dated 9 August 2013, which ordered Applicant to reinstate the Respondent or pay him damages in lieu of reinstatement. More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of the following background:
The employee was in the employer’s employment as an Area Controller for Karoi 2 Area. He was accused of acting contrary to the conditions of his employment and performing his duties in an incompetent or inefficient manner. More
This is an appeal against an arbitral award dated the 30th of April 2013, which ordered Applicant to pay the Respondent an amount of $1200.00 to cover underpayment of incentives. More
The plaintiff’s cause of action arises from a contract farming agreement for provision of crop inputs and financial assistance to the defendants in the sum of $ 575 164.68, for the production of flue cured Virginia tobacco.The defendants were required to deliver the entire crop after harvest to the plaintiff which would in turn recover the value of inputs and monies advanced from the proceeds of the sale. If the tobacco delivered was insufficient to discharge the input debt for the season, the plaintiff was entitled to demand and recover the outstanding debt from the defendant. The plaintiff’s case is... More
Summary judgment was granted in favour of the plaintiff against the defendants jointly and severally. The judgment was in the sum of US419 435-40 together with interest thereon at the rate of 10% per annum from 6 August 2019 until the date of payment. Reasons ex tempore were given. The defendants appealed. More
This court is presently in the process of hearing plaintiff’s evidence in this trial. Three witnesses of the defendant have testified and concluded their testimonies, and have been excused as witnesses by this court. At this stage, Advocate Goba, counsel for the plaintiff, informed the court that plaintiff intends to lead evidence from two more witnesses. Before the fourth witness was called in to testify, I was informed that defendants had an application to make. It turned out that it is an application for amendment and defendants now wish to amend their plea by inserting a new defence to the... More
At the close of the case for the plaintiff, the defendants moved an application for absolution from the instance, alleging that for reasons to be adverted below, the plaintiff had failed to make a case requiring the defendants to be placed on their defence. In this case, plaintiff sued out a summons against the 1st and 2nd defendants, praying for the following orders:
a. Eviction of defendants from stand 19260 of stand 14908 Borrowdale, otherwise known as Borrowdale Race Course;
b. Arrears for rent, electricity, water and rates in the sum of US$155 726-33;
c. Holding over damages in the... More
